Insurance companies are not always on your side after a car accident. They usually offer a quick payout, but it may be less than you need to support your recovery fully.
In our experience, the first settlement offer in Florida is lower than what our clients deserve. Before you sign, review your documents and reach out to an attorney for advice.
Why First Offers Are Often Low
Insurance companies have an obligation under Florida Statutes Section 624.155 to settle claims in good faith. But all too often, adjusters are under pressure to close files as quickly as possible. This can violate their legal imperative to act in the insured person’s best interests.
The first settlement offer is usually a low payout. Insurers might choose a number on the low end of a range that estimates your financial and personal losses. An early payout might not take into account future expenses like:
- Extended time off work (lost wages)
- Rehabilitation costs
- Mobility equipment and medical aids
- Medication costs
You can estimate what types of damages an early payout might leave out, resulting in a first settlement offer that comes up short. Take a few moments to consider what you don’t know at this point. You might not know when you can return to work, when or if your medical recovery will be complete, and what care you might need down the road.
Before you sign:
- Read and understand the insurance company’s offer. Ask a loved one for help if necessary.
- Ask your medical team about your recovery prognosis and how it might change.
- Review your workplace’s disability and time off policies to understand your rights.
- Speak with an attorney about your legal options.
It’s a good idea to ask, should I accept a settlement offer in a personal injury claim? You don’t need to answer this question on your own. The lawyers at Long & Jean, P.A., fight for clients’ rights every day, and we can help you decide what might be right for you.
We are compassionate Florida personal injury lawyers committed to pursuing justice and fair compensation for our clients. Contact us today for a free consultation.
Remember, you don’t have to give in to pressure tactics. The insurance company might give you a deadline to respond, implying you won’t get anything at all if you don’t sign right away. Or they might say it’s in your best interest to take the quick payout.
The insurer works for the company and not for you. Your attorney is on your side. Before you take a settlement, think about whether you’re actually getting what you are worth. Contact a lawyer to discuss what might be best for you.
7 Signs Your Injury Claim May Be Worth More
In the early days after your car accident, when you’re just beginning medical treatment, it can be tough to see what the future holds. But there are a few signs that your personal injury claim might be worth more than the insurance company’s offer.
1. Future care
Medical visits, rehabilitation, personal assistive devices, medications, and other care can go on longer than you expect. A claim might take into account your future care that can extend for months or years.
2. Permanency
Your medical condition in the days and weeks after an accident might not tell the whole story of your injuries. Our clients sometimes find that a serious injury they thought would heal becomes permanent. If you have a permanent injury, your claim might be worth more.
3. Wage loss
Returning to your job might happen quickly after a motor vehicle accident, or you might need more time off to recover than you expect. Early estimates of your wage losses might turn out to be much lower than your actual losses over time. We’ve also learned that some people are never able to return to the jobs they held before and need additional financial support.
4. Pain and suffering
In our experience, insurance companies typically focus on economic damages: the losses you can back up with receipts. But Florida Statutes Section 627.737 says you can also claim for mental anguish, pain and suffering, and other non-economic damages in certain circumstances. If you have a significant or permanent injury, you might be entitled to more compensation for these non-economic damages.
5. Gross negligence
Sometimes, the other driver in a car accident is particularly reckless. Punitive damages are a special category of financial compensation for bad conduct. According to Florida Statutes Section 768.72, you can claim punitive damages if there was intentional misconduct or gross negligence. But the court has to see evidence of this bad behavior, which can take time to gather.
6. Pending investigation
Serious accidents often give rise to multiple investigations, including those conducted by the police and insurance companies. The outcome of these investigations can impact the value of your claim. In Florida, if you are partly at fault, it can reduce the amount of your settlement. A more thorough investigation can establish a fair allocation of comparative fault, so you receive proper compensation.
7. Low coverage limits
The insurance company might lowball your initial settlement offer due to the policy limits. Even with immediate evidence of substantial losses, the insurer might agree to pay only up to a certain amount due to coverage caps. You can refuse to accept this settlement and work with a car accident attorney to assess your legal options.
What a Release Means (And Why It Matters)
When you sign a personal injury settlement release in Florida, you give up the right to sue the other party for any other injuries related to the accident. The settlement release might be a lengthy document that stops you from holding the other party accountable for any future harm.
Even if you have new or worsening symptoms because of the accident, you cannot bring back the claim once you have signed a release. Because a release effectively finalizes your claim and limits your legal rights in the future, it’s a good idea to review the release with a personal injury lawyer.
What To Gather Before You Decide
We’ve found that many clients can get a better perspective on their case after reviewing their documents. This evidence is also helpful for your lawyer, who can work with you to assess what kind of settlement might be fair in your case.
As much as you can, pull together:
- Your treatment plan: Doctor’s notes, emails, and your notes of conversations with your medical team can help you piece together your medical plan. This might include surgery, rest, physical rehabilitation, and medication.
- Work notes: Keep records of conversations with your employer. Even if you go back on the job, you might face new challenges. You might not be able to do the same work you did before. Note any new or worsening symptoms.
- Receipts: Bills after a car accident can add up quickly. Place all bills, no matter how small, into a folder and keep records of your payments. Medical care, transportation costs, and mobility aids are just some of the possible new expenses you might have.
- Photos of your injuries: Pictures can show the extent of your car accident injuries. Photos taken over time also show the process of healing, which might be slower than you expected.
- Symptom log: Writing down how you feel every day and noting any new symptoms is helpful for your medical team. It’s also valuable evidence for your personal injury claim as it shows the real day-to-day impacts of the accident on your life.
You might also think about who can give further evidence of how the car accident injuries have impacted your life. Your spouse, children, close friends or family might all offer testimony about new challenges you experience because of the collision.
When To Talk to an Attorney
If you think you might have a low settlement offer, what to do next depends on your personal situation. In our experience, consulting with an attorney can help people understand the full range of their legal rights.
After a consultation, clients often understand what they might give up by signing a settlement release. Even if they decide to take the insurance company’s offer to settle their personal injury claim, talking with a lawyer gives them peace of mind that they made the right choice.
Get a second opinion before signing. At Long & Jean, P.A., we fight for you. Contact us today to schedule a free consultation.
FAQs
Here’s what you need to know about settlement offers in Florida.
Is the first settlement offer the best offer?
Usually, no. Insurers might offer a low amount to close out the file quickly. The offer might be low because the full extent of your injuries isn’t yet known. Policy limits can also lead the insurance adjuster to offer you less money than might be fair in your case.
Do I have to accept the insurance company’s offer?
No. You can take your time to review the settlement. A personal injury attorney with Florida car accident experience can look at the details and help you decide if it’s right for you. Consider talking to a lawyer, especially if you feel the insurer is trying to pressure you into a settlement.
Can I reopen my car accident claim after I sign a release?
No. Signing a release after a personal injury claim settlement in Florida effectively ends your case. Even if you have new symptoms or things get worse after you sign, you cannot sue the insurance company again or ask for more money.
